Effective date: January 1, 2023
Last Updated: January 1, 2023
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and terms of use for access or usage of SYNT.
SYNT is a company incorporated under the laws of the United States with its registered office at 6102 Cherrylawn Circle, Austin, TX 78723 (hereinafter referred to as “SYNT”, “Company”, “We”, “Us”, or “Our” which expression shall mean and include its affiliates, successors, and permitted assigns). Your (“You”, “Your” or “User”) use of the website, https://synt.com, (hereinafter referred to as the “Website”) is subject to the notices, terms, and conditions set forth in these Terms of Service (“Terms”).
Accessing, browsing, or otherwise using the website indicates your acceptance of all the terms and conditions in these terms of service. Please read these terms carefully before proceeding. You declare your willingness to abide and be bound by these terms throughout your use of the website. If you do not agree with the terms, please do not use this Website.
Agreement on the Processing of Personal Data
This Annex 1 applies to the relationship between You and SYNT, particularly when your business activities fall under the scope of the GDPR, as per Article 3 of the GDPR.
In providing Services to the User, SYNT is responsible for processing personal data on behalf of the User. This processing continues for the duration of the contractual relationship between SYNT and the User.The processing activities conducted by SYNT on behalf of the User include:
1. User’s Instructions
SYNT commits to processing personal data solely for the purpose of performing the Services in line with the User’s instructions. Therefore, SYNT agrees not to sell, rent, transfer, or otherwise disclose any part of the personal data to third parties, free of charge or otherwise, and will not use the personal data for any purposes other than those stipulated in the General Conditions of Use, the Terms and Conditions, and this Data Processing Agreement (DPA), as well as the functionalities available on SYNT’s platform.
Should SYNT believe that a User’s instruction violates any applicable law, SYNT will promptly inform the User.
Confidentiality and Security
SYNT ensures the confidentiality of personal data processed in connection with the Services. This includes:
Notification of Personal Data Breaches
In case of a data breach resulting in unauthorized access to or handling of personal data, SYNT will notify the User without undue delay after becoming aware of it. SYNT will also assist the User in mitigating any adverse effects and in fulfilling their obligations to report the breach to the appropriate authorities and, if necessary, to the affected data subjects.
Assisting the User
SYNT will assist the User by:
Users can access or delete their personal data processed by SYNT at any time. Upon termination of the contractual relationship, SYNT will, upon the User’s request, archive or return all personal data to the User or a designated processor, and delete existing copies in SYNT’s systems, unless legally required to retain them.
2. Audit
User’s Instructions
SYNT commits to providing the User with necessary information and documents to demonstrate compliance with the obligations outlined in this agreement, including SYNT’s audit reports. The User acknowledges that any audit rights granted by applicable data protection laws and regulations will be satisfied by such disclosures, subject to reasonable confidentiality controls. SYNT will respond on a best effort basis and without undue delay.
If the provided disclosures are insufficient for the User to fulfill its obligations under applicable data protection laws and regulations, or if the User is required to provide information related to SYNT’s service following a regulatory authority audit, SYNT and the User will enter into a mutually agreed-upon agreement to organize an audit. This agreement will include an audit plan that:
3. Sub-processing
User’s Instructions
The User is informed and expressly agrees that SYNT may use sub-processors in the context of the Services, who will access/process personal data on behalf of the User. The current list of relevant processors is available: [insert link to the list].
The User acknowledges that some of these sub-processors are located outside the European Union, including in the United States. The User expressly authorizes SYNT to transfer personal data outside the European Union. SYNT commits to implementing necessary safeguards to oversee these transfers in compliance with applicable regulations, ensuring an adequate level of protection for the processed Customer Data, in line with Data Protection laws (including Standard Contractual Clauses and supplementary measures).
Should there be any changes to the list of sub-processors, SYNT will notify the User via email or through the customer account. The User will have the option to cancel their subscription if they object to the changes. This notification will include information about any potential transfers of personal data outside the European Union.
When SYNT employs sub-processors to conduct specific processing activities on behalf of and as instructed by the User, the same level of data protection as stipulated in this DPA is contractually imposed on the sub-processors. This includes providing sufficient guarantees regarding the implementation of appropriate technical and organizational measures.
SYNT is responsible for ensuring that sub-processors offer adequate guarantees to ensure that the processing meets GDPR requirements. If sub-processors fail to fulfill their data protection obligations, SYNT remains liable to the User for the performance of these obligations by the sub-processors.
Registration
Access to certain areas of our SYNT website is available without registration. However, to access specific features, registration is required. This involves providing personal details such as name, email address, and website address. You agree to provide true, accurate, current, and complete information during the registration process. If any information provided is found to be untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect such, SYNT reserves the right to refuse registration, suspend access to all current or future use of the Website and services, either temporarily or permanently.
Upon registration on the SYNT Website, your personal information will be automatically stored in our database, maintained and used in accordance with our Privacy Policy. Should there be any changes to your personal information, you are encouraged to update us through the contact information provided on our website.
Subscription Plan and Payment
SYNT may offer certain services free of cost during a trial period. After the trial period, continued access to services requires a subscription. Details about subscription plans and pricing are available on the Website. By subscribing to a service, you agree to pay the price as per the pricing schedule indicated on the Website. Billing is managed by Shopify on behalf of all merchants, and the payment process is governed by Shopify’s terms and conditions, available atShopify Terms and Conditions.
Your subscription commences on the day you enter into this Agreement by making a valid payment for the subscription on the Shopify Website. It remains in force unless terminated in accordance with these Terms. SYNT reserves the right to change prices or billing methods at any time. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the charge becomes payable. You are responsible for timely payment of all taxes, duties, or government levies related to your Subscription. Subscription cancellation can be done either through the Shopify app or by uninstalling SYNT. For refund requests, SYNT provides a full refund for the particular month in question.
Prohibited Activities
SYNT is committed to assisting Users in fulfilling their obligations under data protection laws. To this end, SYNT will:
Intellectual Property
The trademarks, logos, and slogans displayed on the SYNT website (collectively, “Trademarks”) are the exclusive property of SYNT. No content on the SYNT website should be interpreted as granting any license or right to use the Trademarks without the express written permission of SYNT or the third-party owner of the Trademarks. Unauthorized use of the Trademarks or any other content on the website is strictly prohibited. SYNT will vigorously enforce its intellectual property rights to the fullest extent of the law. We respect the intellectual property of others and expect our users and content partners to do the same. Unauthorized posting, reproduction, copying, distribution, modification, public display, or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition of your use of the Site, you agree not to use any feature of the Website to infringe the intellectual property rights of others. We will terminate the accounts of any users, and block access to our Website for any users who are repeat infringers of the copyrights or other intellectual property rights of SYNT or others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. You agree to be solely responsible for and bear the risk of sharing any intellectual property rights owned by you through the SYNT website.
Confidentiality
SYNT commits to using the User’s confidential information solely in connection with the performance of the services or the exercise of its rights under these terms. We will take all reasonable precautions to maintain the confidentiality of the User’s information and prevent unauthorized disclosure. SYNT implements industry-standard security procedures, including appropriate firewall, encryption, and access security measures. However, SYNT shall not be liable for damages caused to the User by inadvertent breaches of confidentiality.
Third-Party Links
Our Website may include content, products, and services from third parties. Third-party links on our site may direct you to websites not affiliated with SYNT. We are not responsible for examining or evaluating their content or accuracy. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. SYNT uses certain third-party resources to provide services to its users. The User acknowledges that SYNT is not responsible for the availability, performance, or security of these external third-party services or resources, and shall not be liable for any loss or damage incurred by the User as a result of their use.
Service Level Understanding
SYNT endeavors to ensure 99% uptime of its Website. However, this should not be construed as a guarantee. SYNT shall not be liable for any reasonable failure to ensure uptime. In the event of failure to meet service standards, SYNT may, at its sole discretion, provide monetary credits equivalent to the period lost due to service failure. These credits will be reflected on the User’s monthly invoice and deducted from the subscription fees payable by the User.
Notifications
You agree to receive notifications and important messages from SYNT via our website, mobile applications, and email to enhance your experience with our services. Notices may be provided on our website, through an email sent to an email address you provided, or through other means including your mobile number, telephone, or email. You agree to keep your contact information up to date.
Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SYNT NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SITES OR SERVICES OR THESE TERMS.
Indemnity
Users agree to indemnify, defend, and hold harmless SYNT and its affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees and legal costs) arising from or related to: (A) the use of the Website by the User or anyone using the User’s account; (B) the violation of these Terms of Service by the User or anyone using the User’s account; or (C) the violation of any third-party rights, including intellectual property, privacy, publicity, or other proprietary rights by the User or anyone using the User’s account.
Restricted Location
SYNT makes no representation that the Website is appropriate or available for use in locations outside of the specified jurisdiction. Users accessing the Website from outside this jurisdiction do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Termination
These Terms will remain in effect while you use any of the Services, unless terminated by SYNT. Users may terminate this agreement at any time by deleting all personal information provided to SYNT and deleting their user account. SYNT reserves the right, at its sole discretion, to suspend or terminate services and user accounts if it is determined that the User has violated any of these Terms, without prior notice.
Grievance Officer
In accordance with applicable laws and regulations, users can reach our Grievance Officer at [grievance email/contact].
User Comments, Feedback, and Other Submissions
Users agree that their comments will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. Comments should not be libelous, unlawful, abusive, obscene, or contain harmful components. Users are responsible for the accuracy of their comments and SYNT assumes no liability for any comments posted by users or third parties.
DISCLAIMER
SYNT’s Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied. While SYNT attempts to make your access to and use of our Services safe, we cannot guarantee that our Services or servers are free of viruses or other harmful components.
SEVERABILITY
If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, the remaining provisions will remain enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severed from these Terms of Use.
Entire Agreement
These Terms of Use constitute the entire agreement between the User and SYNT, governing the use of the Website and superseding any prior agreements between the User and SYNT.
Changes in Terms
SYNT reserves the right to update, change, or replace any part of these Terms of Use at its sole discretion. Users are responsible for periodically reviewing these Terms for changes. Continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.